Commencing and Serving Proceedings Flashcards
What is the limit for issuing proceedings at the High Court for Personal Injury?
Over 100k
What is the limit for issuing proceedings at the High Court for non Personal Injury?
over 50k
What is disregarded when considering the value of a claim for issuing purposes?
- Interest
- Costs
- Counterclaim
- Contributory negligence
- Deduction of ss benefits
What are the potential problems with transferring a claim to a different court?
- C could pay costs of transfer
- Sanction for wrongly beginning in HC (deduct up to 25% court discretion)
What does the solicitor send when issuing a claim?
- Claim form (N1) to
o Court file
o Every D
o Own file - Court issue fee
When does the limitation period stop running?
When claim form issued
Where can claims be issued at County Court?
CC Hearing centre
CC Money Centre/ CC MC Online
CC Business Centre
How does the court effect service?
1st class post
C notice of issue + date of service
Notice of non-service (C can serve)
How does C/solicitors effect service?
Notify court not to send
Court sends sealed N1
C solicitor certificate of service (or d acknowledge) 21 days
* Date/method/address (CPR 6.17)
What methods can C effect service?
- Personally on D
- Leaving at permitted address
- 1st class post
- Document exchange
- Fax
- Other electronic
- Other method authorised
When can the time limits for serving a claim be extended?
- Court failed to serve
- C taken reasonable steps to comply
- Application was made promptly
When does a particulars of claim form have to be served?
With N1 or
Within 14 days of serving N1
Copy filed at court within 7 days of serving
When is a claim form deemed serviced?
Second business day after completion of relevant step
When are other documents deemed serviced?
Instant methods –
Before 4.30pm business day = same day
After – next business day
Non-instant methods –
Second day after posting if BD
Or next business day
